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Rudy Giuliani is in contempt of court in $148 million defamation case
Lawyer News |
2025/01/03 06:25
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Rudy Giuliani was found in contempt of court Monday for failing to properly respond to requests for information as he turned over assets to satisfy a $148 million defamation judgment granted to two Georgia election workers.
Judge Lewis J. Liman ruled after hearing Giuliani testify for a second day at a contempt hearing called after lawyers for the election workers said the former New York City mayor had failed to properly comply with requests for evidence over the last few months.
Liman said Giuliani “willfully violated a clear and unambiguous order of this court” when he “blew past” a Dec. 20 deadline to turn over evidence that would help the judge decide at a trial later this month whether Giuliani can keep a Palm Beach, Florida, condominium as his residence or must turn it over because it is deemed a vacation home.
Because Giuliani failed to reveal the full names of his doctors, a complete list of them, or of his other professional services providers, the judge said he will conclude at trial that none of them were in Florida or had been changed after Jan. 1, 2024. That was the date Giuliani says he established Palm Beach as his permanent residence.
Liman also excluded Giuliani from offering testimony about emails or text messages to establish that his homestead was in Florida.
The judge said Giuliani produced only a dozen and a half “cherry picked” documents and no phone records, emails or texts related to his homestead. He said he can also make inferences during the trial about “gaps” in evidence that resulted from Giuliani’s failure to turn over materials.
Liman said he would withhold judgment on other possible sanctions.
On Friday, Giuliani testified for about three hours in Liman’s Manhattan courtroom, but the judge permitted him to finish testifying remotely on Monday for over two hours from his Palm Beach condominium. By the time the judge issued his oral ruling, Giuliani was no longer present at all.
Joseph Cammarata, Giuliani’s attorney, noted in an email afterward that the election workers were not in the courtroom either and he called the outcome “no surprise.”
“This case is about lawfare and the weaponization of the legal system in New York City,” he said.
Cammarata said the state criminal case against President-elect Donald Trump and the civil litigation against Giuliani were “very similar. It’s the left wing Democrats trying to use liberal Judges in New York to win when they should lose on the merits.”
At the start of the hearing, Giuliani appeared before an American flag backdrop, which he said he uses for a program he conducts over the internet, but the judge told him to change it to a plain background. He also at one point held up his grandfather’s heirloom pocket watch and said he was ready to relinquish.
Giuliani conceded that he sometimes did not turn over everything requested in the case because he believed what was being sought was overly broad, inappropriate or even a “trap” set by lawyers for the plaintiffs.
He also said he sometimes had trouble turning over information regarding his assets because of numerous criminal and civil court cases requiring him to produce factual information.
Liman labeled one of Giuliani’s claims “preposterous” and said that being suspicious of the intent of lawyers for the election workers was “not an excuse for violating court orders.”
Giuliani, 80, said the demands made it “impossible to function in an official way” about 30% to 40% of the time.
After the ruling, the former mayor issued a statement through his publicist saying it was “tragic to watch as our justice system has been turned into a total mockery, where we have charades instead of actual hearings and trials.”
The election workers’ lawyers say Giuliani has displayed a “consistent pattern of willful defiance” of Liman’s October order to give up assets after he was found liable in 2023 for defaming their clients by falsely accusing them of tampering with ballots during the 2020 presidential election.
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Pentagon chief loses bid to reject 9/11 plea deals
Attorney Career |
2025/01/01 19:54
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A military appeals court has ruled against Defense Secretary Lloyd Austin’s effort to throw out the plea deals reached for Khalid Sheikh Mohammed and two other defendants in the 9/11 attacks, a U.S. official said.
The decision puts back on track the agreements that would have the three men plead guilty to one of the deadliest attacks on the United States in exchange for being spared the possibility of the death penalty. The attacks by al-Qaida killed nearly 3,000 people on Sept. 11, 2001, and helped spur U.S. invasions of Afghanistan and Iraq in what the George W. Bush administration called its war on terror.
The military appeals court released its ruling Monday night, according to the U.S. official, who was not authorized to discuss the matter publicly and spoke on condition of anonymity.
Military prosecutors and defense attorneys for Mohammed, the accused mastermind of the attacks, and two co-defendants reached the plea agreements after two years of government-approved negotiations. The deals were announced late last summer.
Supporters of the plea agreements see them as a way of resolving the legally troubled case against the men at the U.S. military commission at Guantanamo Bay naval base in Cuba. Pretrial hearings for Mohammed, Walid bin Attash and Mustafa al-Hawsawi have been underway for more than a decade.
Much of the focus of pretrial arguments has been on how torture of the men while in CIA custody in the first years after their detention may taint the overall evidence in the case.
Within days of news of the plea deal this summer, Austin issued a brief order saying he was nullifying them.
He cited the gravity of the 9/11 attacks in saying that as defense secretary, he should decide on any plea agreements that would spare the defendants the possibility of execution.
Defense lawyers said Austin had no legal authority to reject a decision already approved by the Guantanamo court’s top authority and said the move amounted to unlawful interference in the case.
The military judge hearing the 9/11 case, Air Force Col. Matthew McCall, had agreed that Austin lacked standing to throw out the plea bargains after they were underway. That had set up the Defense Department’s appeal to the military appeals court.
Austin now has the option of taking his effort to throw out the plea deals to the U.S. Court of Appeals for the District of Columbia Circuit. The Pentagon did not immediately respond to a request for comment.
Separately, the Pentagon said it had repatriated one of the longest-held detainees at the Guantanamo military prison, a Tunisian man who U.S. authorities approved for transfer more than a decade ago.
Ridah bin Saleh al-Yazidi’s return to Tunisia leaves 26 men at Guantanamo. That’s down from a peak population of about 700 Muslim men detained abroad and brought to the prison in the years after the Sept. 11 attacks.
Al-Yazidi’s repatriation leaves 14 men awaiting transfer to other countries after U.S. authorities waived any prosecution and cleared them as security risks.
The Biden administration, pressed by rights groups to free remaining Guantanamo detainees held without charge, transferred out three other men this month. The U.S. says it is searching for suitable and stable countries willing to receive the remaining 14.
In a statement, the U.S. military said it had worked with authorities in Tunisia for the “responsible transfer” of al-Yazidi. He had been a prisoner at Guantanamo since 2002, when the U.S. began sending Muslim detainees taken abroad there.
Al-Yazidi is the last of a dozen Tunisian men once held at Guantanamo.
Of those remaining at Guantanamo, seven — including Mohammed and his 9/11 co-defendants — face active cases. Two others of the 26 total have been convicted and sentenced by the military commission. |
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Small businesses brace themselves for potentially disruptive TikTok ban
Attorney Career |
2024/12/25 19:54
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A looming TikTok ban could affect the millions of small businesses that use the short-video social media app to help them grow their business.
Desiree Hill, owner of Crown’s Corner Mechanic in Conyers, Georgia, started her business solo as a mobile mechanic. Sharing videos of her work on TikTok helped spread the word and she became so popular she was able to open a 9,000 square foot brick and mortar shop with five employees 18 months ago.
“Every day I get at least two to three customers that have seen me on TikTok, watched my videos and wanted to become a customer,” she said.
Though TikTok has been around only since 2016, small business owners use the platform in a variety of ways, from growing a customer base to advertising and marketing, as well as selling goods directly from the site.
According to TikTok’s own estimates, small businesses on TikTok would lose more than $1 billion in revenue in a single month if the ban goes into effect.
The Justice Department ordered the app’s China-based parent company, ByteDance, to sell TikTok or face a U.S. ban by Jan. 19, citing security concerns. The Supreme Court will take up the matter in January. President-elect Donald Trump, who takes office Jan. 20, has asked the Supreme Court for a delay.
If a ban does occur, small businesses will have to migrate to other platforms to find their customers. Instagram Reels, SnapChat and YouTube Shorts are alternatives. The good news is brands likely already have a presence there. But it may be harder to reach teens that have made TikTok their preferred social media app.
Another alternative is to build a strong database of customers that opt in to providing contact emails or phone numbers. That lets owners reach out directly to customers with promotions and other marketing messages.
But Crown Corner Mechanic’s Hill said she is worried that other sites may not have the reach that TikTok does. She has a presence on YouTube, Instagram and Facebook, but it’s not the same, she said.
“I am worried because there is no preparation for this,” she said. “It holds such a significant place in regards to my customer base and how I reach customers that if I lose TikTok, I will lose a large part of my business or I will lose my ability to grow anymore.”
Crystal Lister is the owner of Mommy and Me: The Listers, in Cypress, Texas, which offers interactive workshops about STEM education. She’s working on pivoting to YouTube for videos and Instagram Reels for teasers to direct people to YouTube, but said TikTok is easier. |
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Amazon workers strike at multiple facilities as Teamsters seek labor contract
Attorney Career |
2024/12/21 06:20
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Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period.
The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history.
The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices.
At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections.
The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said.
“Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement.
The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board. |
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TikTok asks Supreme Court to temporarily block law that could ban site in U.S.
Legal Center |
2024/12/16 06:20
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TikTok on Monday asked the Supreme Court to step in on an emergency basis to block the federal law that would ban the popular platform in the United States unless its China-based parent company agreed to sell it.
Lawyers for the company and China-based ByteDance urged the justices to step in before the law’s Jan. 19 deadline. A similar plea was filed by content creators who rely on the platform for income and some of TikTok’s more than 170 million users in the U.S.
“A modest delay in enforcing the Act will create breathing room for this Court to conduct an orderly review and the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed,” lawyers for the companies told the Supreme Court.
President-elect Donald Trump, who once supported a ban but then pledged during the campaign to “save TikTok,” said his administration would take a look at the situation.
“As you know, I have a warm spot in my heart for TikTok,” Trump said during a news conference at his Mar-a-Lago club in Florida. His campaign saw the platform as a way to reach younger, less politically engaged voters.
Trump was meeting with TikTok CEO Shou Zi Chew at Mar-a-Lago on Monday, according to two people familiar with the president-elect’s plans who were not authorized to speak publicly about them and spoke to The Associated Press on condition of anonymity.
The companies have said that a shutdown lasting just a month would cause TikTok to lose about a third of its daily users in the U.S. and significant advertising revenue.
The case could attract the court’s interest because it pits free speech rights against the government’s stated aims of protecting national security, while raising novel issues about social media platforms.
The request first goes to Chief Justice John Roberts, who oversees emergency appeals from courts in the nation’s capital. He almost certainly will seek input from all nine justices.
On Friday, a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency plea to block the law, a procedural ruling that allowed the case to move to the Supreme Court.
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Supreme Court rejects Wisconsin parents’ challenge to school guidance
Court News |
2024/12/11 10:07
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The Supreme Court on Monday rejected an appeal from Wisconsin parents who wanted to challenge a school district’s guidance for supporting transgender students.
The justices, acting in a case from Eau Claire, left in place an appellate ruling dismissing the parents’ lawsuit.
Three justices, Samuel Alito, Brett Kavanaugh and Clarence Thomas, would have heard the case. That’s one short of what is needed for full review by the Supreme Court.
Parents with children in Eau Claire public schools argued in a lawsuit that the school district’s policy violates constitutional protections for parental rights and religious freedom.
Sixteen Republican-led states had urged the court to take up the parents’ case.
Lower courts had found that the parents lacked the legal right, or standing. Among other reasons, the courts said no parent presented evidence that the policy affected them or their children.
A unanimous three-judge panel of the 7th U.S. Circuit Court of Appeals included two judges Republican Donald Trump appointed during his first term.
But Alito described the case as presenting “a question of great and growing national importance,” whether public school districts violate parents’ rights when they encourage students to transition or assist in the process without parental consent or knowledge.
“Administrative Guidance for Gender Identity Support” encourages transgender students to reach out to staff members with concerns and instructs employees to be careful who they talk to about a student’s gender identity, since not all students are “out” to their families. |
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